A recovery order is an order of the Court that can require a child be returned to a:
- parent of the child
- person who has a parenting order that states the child lives with, spends time with or communicates with that person, or
- person who has parental responsibility for the child.
You can apply for a recovery order if you are:
- a person who the child lives with, spends time with or communicates with as stated in a parenting order
- a person who has parental responsibility for the child in a parenting order
- grandparent of the child, or
- a person concerned with the care, welfare and development of the child.
If there are no parenting orders in place you will need to file an initiating application seeking parenting orders at the same time as applying for a recovery order. If the Court makes an order authorising or directing another person or persons to find, recover and deliver the child, you must give a copy of the order to that person or persons. In most instances, this will be the Australian Federal Police (AFP). When the child is returned to you, you must notify registry staff at the Court as soon as practicable.
If the child isn’t found, you may ask the Court to issue other orders to help locate the child; for example:
- Location order – if you breach a parenting order and you cannot be found, a court may make a location order.
- Commonwealth Information order – requires a Commonwealth Government Department, such as Centrelink, to give the Court information about the child’s location that is contained in or comes into the records of the department.
- Publication order – allows the media to publish details and photographs of the missing child and the person they are believed to be with. However, each case is different and the terms of the publication order can vary. This is usually a last resort and you should seek legal advice first.
Should you require any advice on Recovery Orders contact me. I can assist you with your circumstances.
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